Albuquerque Catastrophic Injury Lawyer

Catastrophic Injury Attorney in Albuquerque, NM

Any time one person is injured because of someone else’s negligence or wrongful actions, emotions can run high, and the physical and mental toll can be heavy. This is even more so when the incident in question results in catastrophic injuries for the victim. If you are in the Albuquerque area and you or a loved one is facing such a devastating injury, reach out to an experienced Albuquerque catastrophic injury lawyer to pursue compensation.

At Berenson & Associates, PC, an Albuquerque personal injury lawyer can bring over 25 years of experience to your case. Many of our previous clients were victims of serious injuries because of other people’s actions. We approach each case with empathy and compassion, but we also maintain a keen awareness of what is at stake for our clients. Our firm is conveniently located for our Albuquerque clients, with our office located at 415 6th Street Northwest.

What Is Considered a Catastrophic Injury?

Accidents or other negligence incidents can cause a wide range of injuries and illnesses, some of which are very serious. However, catastrophic injuries are in their own category because they are particularly devastating. For an injury or illness to be considered catastrophic, the following statements must be true:

• The injury or illness will severely debilitate the victim for the foreseeable future.
• The victim’s condition will prevent them from finding gainful employment.
• The injury or illness occurred suddenly or unexpectedly.

A myriad of injuries can be considered catastrophic, and they can arise from any number of scenarios, including car accidents, falls, medical malpractice, and more. The following are a few of the most common catastrophic injuries: 

• Traumatic brain injuries. Traumatic brain injuries, or TBIs, constitute one of the most common catastrophic injury categories. According to the Centers for Disease Control, approximately 69,473 people died as a result of TBIs in 2021. These injuries often result from a high-speed impact to the head, such as in a car accident or a fall from a great height.
• Spinal cord injuries. These are injuries to the bundle of nerves, housed inside the bones of the spinal column, that carry signals from the brain to the rest of the body. Serious injuries to the spinal column can result in paralysis of every part of the body below the level of the injury. Every year, around 18,000 Americans sustain a new spinal cord injury.
• Severe burns. Burns may not be one of the first things to come to mind when a person thinks about catastrophic injuries, but the effects of severe burns can be far-reaching and permanent. Full-thickness burns can necessitate years of surgeries, skin grafts, and pain, in addition to higher susceptibility to infection and permanent nerve damage.
• Facial disfigurement. Facial disfigurement can affect a person’s entire life, including their employment prospects. It can also limit vision, the sense of smell, or the ability to eat.
• Amputation injuries. The loss of a limb is nearly always considered a catastrophic injury. People who have injuries that result in amputations must often learn how to complete basic daily tasks all over again, and some need long-term or permanent care to assist with those tasks.

A catastrophic injury may also occur in the form of a chronic illness that prevents the afflicted from behaving as they normally would, usually by keeping them weak or exhausted. Such illnesses can arise from exposure to toxic chemicals or bad reactions to certain prescriptions.

What Compensation Can a Catastrophic Injury Victim Recover?

When someone sustains a catastrophic injury, the physical and emotional pain can be immense, but the financial burden can be exceptionally heavy. Victims may worry about their futures and the financial security of their families. Personal injury settlements are meant to offset the financial losses associated with an injury. General compensation categories are as follows: 

• Medical bills. Medical care is often very expensive, especially in the aftermath of a serious injury. The bills pile up fast, and families feel the strain. A fair personal injury settlement should take care of all medical bills associated with the accident.
• Lost wages. People with catastrophic injuries are often permanently unable to work, jeopardizing their future financial stability. Settlements should consider all the wages the victim has already lost, but they should also cover projected earnings in the future, which can be estimated based on the victim’s career trajectory and work history.
• Pain and suffering. While pain and suffering do not involve financial losses, it is important that a victim’s pain, both physical and mental, is acknowledged. Pain and suffering compensation attempts to do this through financial means.

Unlike other personal injuries, catastrophic injuries come with some expectation of long-term or permanent disability. All aspects of a settlement should consider this aspect of the victim’s recovery, and financial compensation should take care of projected costs as well as current losses.

Why You Should Hire a Catastrophic Injury Lawyer

If you or a loved one is suffering from a catastrophic injury caused by someone else’s negligence or failure to exercise due care, the first thing you should do is hire a catastrophic injury lawyer. When you begin to seek compensation, you can start by filing a claim with the liable party’s insurance company if applicable. If you have enlisted a lawyer before doing so, your attorney can file the claim for you and facilitate all the correspondence.

Ultimately, insurance companies want to make a profit. They always want more money coming in than they have going out. To protect their own financial interests, insurance companies are notorious for denying, underpaying, or delaying payment on claims that their own policies say they should cover. If this happens to you, you do not have to accept the insurance company’s first answer. This is where your Albuquerque catastrophic injury attorney can be particularly helpful.

If your claim is denied, as often happens, or if the insurance company returns with an offer for an insufficient settlement, your lawyer can negotiate on your behalf. Should those negotiations be unsuccessful, the next step is to file a personal injury claim against the insurance company, the liable party themselves, or both. At this point, your lawyer can participate in further negotiations and represent you in court should the case go to trial.

FAQs

Q: How Long Do I Have to File a Catastrophic Injury Claim in New Mexico?

A: In New Mexico, catastrophic injury laws provide three years from the date of your injury to file a personal injury claim. This statute of limitations applies to the vast majority of personal injury cases throughout the state. After this three-year window has expired, any claim you try to file for damages will be dismissed by the courts.

Q: What Medical Bills Should Be Included in a Settlement?

A: In a personal injury settlement, including one for a catastrophic injury, absolutely all medical expenses associated with the injury should be covered. This means every single bill, from initial emergency care to the final physical therapy bill, if applicable, should be covered. In catastrophic injury cases, victims often need long-term treatment, permanent medical care, or adaptive equipment. These projected costs should be included as well.

Q: How Long Will It Take to Resolve My Catastrophic Injury Case?

A: How long it will take to resolve your catastrophic injury claim depends on several factors. Because no two injuries are the same, no two claim timelines are the same, either. Factors that influence how long a case takes to settle include: 

• The extent of the injuries
• How difficult it is to demonstrate liability
• Whether the defendant is initially willing to settle

Q: Will My Catastrophic Injury Case End in a Trial?

A: It is possible that your catastrophic injury claim will end in a trial, but it is not the most likely scenario. The vast majority of personal injury cases, including catastrophic injury cases, settle long before they end up in front of a judge. This is especially true when the plaintiff’s case is clearly legitimate, and the defendant is, as a result, willing to settle.

Contact Berenson & Associates, PC

If you or a loved one has suffered a catastrophic injury, it may feel like your entire life has fallen apart. Fortunately, you have legal options to pursue the compensation you need to begin moving forward. The legal system can seem overwhelming, but you don’t have to navigate it on your own. Contact Berenson & Associates, PC, today to find out how we can aid you.